Corporations want a get-out-of-jail-free card for cheating small businesses and individuals

Washington, DC — The U.S. Supreme Court will hear oral arguments today in a case that could provide corporations with unfettered power to evade federal laws by keeping small businesses and individuals out of the courts and forced into a rigged arbitration process. In the case, AmericanExpress Co. v. Italian Colors Restaurant, SCOTUS will decide if corporations can force arbitration on small businesses and individuals, even when it can be shown that the cost of forced arbitration would make justice unattainable.

Forced arbitration occurs when corporations insert a clause into the fine print of contracts stating that all disputes must be resolved on an individual basis in a private system designed by the very corporation the claim is against.

“Corporations use forced arbitration clauses to stack the deck against small businesses and individuals by eliminating access to justice,” said American Association for Justice (AAJ) President Mary Alice McLarty. “They should not be allowed to get away with bullying and cheating small businesses by manipulating the fine print of non-negotiable contracts.”

In this case, a decision favoring forced arbitration over small businesses could wipe out hope for any access to justice and allow corporations to get away with widespread wrongdoing by eliminating statutory rights with the fine print. Laws at risk include provisions of the Civil Rights Acts of 1964 and 1991, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Equal Pay Act, the Fair Pay Act, the Uniformed Services Employment and Reemployment Rights Act, the Truth in Lending Act, the Credit Repair Organizations Act, the Sherman Act, the Securities Act of 1933, the Securities Exchange Act of 1934 and the civil provisions of the Racketeer Influenced and Corrupt Organizations Act.

“It is imperative that Congress and federal agencies act to protect American consumers and small businesses,” commented McLarty. “Unless they step in, corporations will be able to get away with widespread wrongdoing and erase all legislative progress made to protect consumers, employees, and small businesses.”

This case falls on the heels of CompuCredit v. Greenwood and AT&T Mobility v. Concepcion – two of the latest barriers preventing Americans from receiving justice and holding powerful interests accountable.

AAJ joined in filing an amicus brief in support of the small businesses with Public Justice and AARP. This brief can be found online here.

Background

In this case, small businesses are seeking to hold AmEx accountable for violating federal antitrust laws.

The small businesses allege that AmEx is violating antitrust laws with a tying arrangement by using its monopoly power over charge cards to force merchants to take all AmEx-branded credit cards and pay higher fees.

AmEx’s merchant contracts require individual forced arbitration to resolve disputes. AmEx’s arbitration clauses also do not allow merchants to shift or share the expenses of arbitrating a claim with other merchants.

The small businesses presented ample evidence to the court to show that the costs of an individual arbitration would have been many times more than the possible maximum amount of damages that each would recover. The costs of a single antitrust market study necessary for each arbitration claim could exceed $1 million, while each claimant’s potential damages would be no more than a few thousand dollars.

If small businesses are forced to try to resolve this dispute in individual arbitration, they will not be able to effectively vindicate their rights and AmEx will be allowed to get away with widespread wrongdoing.

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The Dyller Law Firm is the premier civil rights law firm in Northeastern Pennsylvania, and one of the top civil rights law firms in the country. What does that mean? What exactly are the civil rights of United States citizens?

We have rights protected by the United States Constitution. If your rights under the Constitution were violated, the Dyller Law Firm can help you. You have many rights. Here are a few:

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The right not to be stopped, detained or searched without a warrant, probable cause to believe you committed a crime or offense, or a limited exception to those rights

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The Dyller Law Firm is the premier civil rights law firm in Northeastern Pennsylvania, and one of the top civil rights law firms in the country. What does that mean? What exactly are the civil rights of United States citizens?

We have rights protected by the United States Constitution. If your rights under the Constitution were violated, the Dyller Law Firm can help you. You have many rights. Here are a few:

The right to associate with the political party of your choice, or not to associate with a political party

The right not to be arrested without probable cause

The right not have your home entered without a warrant, or one of the limited exceptions to the requirement of a warrant

The right to be free from the use of unreasonable or excessive force by the police

The right not to be stopped, detained or searched without a warrant, probable cause to believe you committed a crime or offense, or a limited exception to those rights

The right not to be retaliated against for exercising another constitutional right

You have many more rights than we can list here. Any right protected by the United States Constitution is a right we can protect.

What other civil rights do you have? You have rights against discrimination based on your race, your gender, your national origin, your religion, your age (over 40), your disability. We can help protect those rights.

Barry Dyller has been on the Executive Board of the Civil Rights Section of the American Association for Justice (the largest national trial lawyers association) for many years, and has been its chairman. Barry Dyller is consulted by lawyers across the country about how to proceed in civil rights matters. Barry Dyller has been named a Civil Rights/First Amendment Super Lawyer in Pennsylvania every year since 2008. Choose the most experienced and talented civil rights lawyers. Have a question Call the Dyller Law Firm at 570-829-4860 or fill out our Contact Us Form.

Why Hire Us?

Why hire us? If your civil rights were violated, there is no more experienced law firm in Northeastern Pennsylvania at civil rights litigation. There are only a handful of other equally experienced lawyers throughout the country. At the Dyller Law Firm, you get New York City style lawyering in downtown Wilkes-Barre.
At the Dyller Law Firm, if we accept your case, you get talent, dedication, perseverance. You get lawyers you can talk to, who are accessible to you. … Continue Reading...